9th Circuit Court of Appeals Rules against Mark Towle
Batmobile Forum
 Batmobile Home          Batmobile Builders     Calendar     Who's On

Welcome Guest ( Login | Register )
        


««123»»

9th Circuit Court of Appeals Rules against... Expand / Collapse
Author
Message
Posted 9/24/2015 1:16:08 PM
Forum Newbie

Forum NewbieForum NewbieForum NewbieForum NewbieForum NewbieForum NewbieForum NewbieForum Newbie


Last Login: 7/12/2017 3:30:01 PM
Posts: 1, Visits: 7
I was planning on building my entire car from scratch. Can I get in trouble for doing that? Can I get sued for driving it around when I am done?
Post #149009
Posted 9/24/2015 2:01:22 PM


Forum Guru

Forum GuruForum GuruForum GuruForum GuruForum GuruForum GuruForum GuruForum Guru


Last Login: 10/10/2023 2:34:08 PM
Posts: 506, Visits: 8,329
Exactly.... I'm building a Pod bike from scratch. Not buying parts from anyone selling BatPod parts... Just buying some ordinary car and bike parts and making my own parts similar to the bike.

www.spidey4fun.com
Post #149010
Posted 9/24/2015 2:08:12 PM


Forum Member

Forum MemberForum MemberForum MemberForum MemberForum MemberForum MemberForum MemberForum Member


Last Login: 7/23/2017 7:06:51 PM
Posts: 160, Visits: 870
I think the Jury is out on that one guys. The only one that can tell you that is DC Comics attorneys, I've heard a lot of people claim you can do one for yourself and not get busted but at the same time if you used it to make money then that could be infringement.

Batmmannn
Scott
Artist/Illustrator/Batfreak
www.scottlee.org
Post #149011
Posted 9/24/2015 2:53:14 PM


Forum Guru

Forum GuruForum GuruForum GuruForum GuruForum GuruForum GuruForum GuruForum Guru


Last Login: 10/10/2023 2:34:08 PM
Posts: 506, Visits: 8,329
That's what I'd be thinking also.

www.spidey4fun.com
Post #149012
Posted 10/6/2015 7:03:24 AM


Forum Member

Forum MemberForum MemberForum MemberForum MemberForum MemberForum MemberForum MemberForum Member


Last Login: 7/23/2017 7:06:51 PM
Posts: 160, Visits: 870
New Parody on the DC Comics Mark Towle Decision can be viewed here.

https://www.youtube.com/watch?v=F1eEKHdL-v8&feature=youtu.be


Batmmannn
Scott
Artist/Illustrator/Batfreak
www.scottlee.org
Post #149050
Posted 10/20/2015 7:02:18 PM
Junior Member

Junior MemberJunior MemberJunior MemberJunior MemberJunior MemberJunior MemberJunior MemberJunior Member


Last Login: 5/6/2021 6:49:18 AM
Posts: 17, Visits: 77
Like othes have said, I get it and respect it. DC and Bob Kane created Batman and the Batmobile and with the help of WB the '89 Batmobile exists. They own its design and namesake. No one should be selling stuff that looks like it without their blessing and appropriate compensation.

With the recent 30th anniversary of BTTF there are now more Delorean time machines out there than ever before and a handful of shops offering parts and full conversions. In fact, Universal Studios hired one of the conversion companies to restore the screen used time machine Delorean. It would be interesting know what kind of arrangement these shops have and maybe they could be used as a model for going forward.

Since there is a DC licensed '66 Bat there is no reason a licensed '89/'92 Bat cannot exist, at a REASONABLE price. The internet has connected fans closer to movies than ever, this connection should be embraced by DC and WB and come up with some sort of compromise. There is no shortage of people who would gladly buy a ready to drive car and I believe many of us want to build our own and to our own level of authenticy and customization as our budgets allow.

It is this kind of legal action (and money) that has kept from embarking on a build of my own. I truly fear that one of us could roll up to an event in a car we built only to have it towed away on a truck with a police escort and be handed a stack of legal papers in return with a court date.

A middle ground exists where everyone is happy. The players need to come to the table and come up with something that works so we can all go back to watching the movies we love and building the things we love in those movies without fear of legal action.
Post #149093
Posted 10/31/2015 11:47:01 PM


Forum Member

Forum MemberForum MemberForum MemberForum MemberForum MemberForum MemberForum MemberForum Member


Last Login: 7/23/2017 7:06:51 PM
Posts: 160, Visits: 870
I doubt you are right. The law is broken when you start making money with your car, not when you roll up to display it. Rights and protection to personally owned property are guaranteed with the US Constitution and as strong as your right to freedom of speech. DC would have a very hard time convincing any Judge that they have a right to take your personal property unless you were using it to either make money or defame their company. Now could they do it and cost you 50K trying to get it back? Yes but when they lose they would likely be ordered to pay your legal fees and your damages. If you can't afford to take them on, you could have a problem, but you could also go to your local police/prosecutor and charge them with corporate felony theft of your property and if the prosecutor sees it your way then the state would take them on and you would not have to pay a dime. We've yet to see DC seize any car that has not been in commercial production for financial gain. Of course this could be as simple as you charging $10.00 a picture at an event. That in itself could get your car seized.

Batmmannn
Scott
Artist/Illustrator/Batfreak
www.scottlee.org
Post #149105
Posted 11/3/2015 6:21:13 AM


#1 Batmobile Builder

#1 Batmobile Builder


Last Login: 11/1/2021 3:45:24 PM
Posts: 663, Visits: 3,900
So what's the concensus? OK to build as fan project or not?

----------------------------------------------------------------------------
CLTC Exclusives
#1 Batmobile Builder and Kit Maker

Favorite Galleries
Returns Batmobile
Keith Shorts Sculpture
Kevin's Batmobile Gallery
Doug Hines' Batmobile Gallery
Jack's Batmobile Gallery
Rusty's Batmobile Gallery
Animated Batmobile Gallery
Sweden Batmobile Gallery
Carmel Batmobile Gallery
Chris Canole Batmobile Gallery
Post #149107
Posted 11/4/2015 11:21:39 AM


"Andy Smith is my Hero".

"Andy Smith is my Hero".


Last Login: 3/29/2024 12:55:58 AM
Posts: 2,067, Visits: 5,479
Jimmy, I think your answer depends on where in the world you live. We all have different legality regarding driving vehicles on public roads, regardless of what they look like, who designed them or who built them.

I think it's very unlikely to result in any Legal action if you own a "fan project" or 'Replicar'. Just think of how many people openly sell Movie and TV "Props" and "Costumes" on the various online auction sites and forums, etc. Far too many to take to court everyday

Having said that, it is probably not OK to profit from it unless authorised by DC or WB (not sure who owns what part of the car or how the legal system works in ALL countries around the WORLD. ?

You turn up to a Cancer Ward in your Batcar? I don't think you are going to be taking a Cab home.

You drive your car while over the limit or speeding, when it's reported in court or the press - potentially forget seeing your ride ever again (only old post pics ).

BTW: Just to make everyone clear, I do not have a full size car. I am planning to build a 'Tribute' to the 89 which will be much smaller and still have 'normal doors'.

In short, just don't be stupid or bring the reputation into disrespect or commit a crime.




"There is no end but the end is near!"
Post #149108
Posted 11/16/2015 2:21:25 PM
Forum Newbie

Forum NewbieForum NewbieForum NewbieForum NewbieForum NewbieForum NewbieForum NewbieForum Newbie


Last Login: 7/5/2016 8:01:58 AM
Posts: 5, Visits: 167
I'd say any build of a movie or comic car would be a violation of DC's copyright, whether its a self build or a kit. But unless your tradings on the build for profit DC is not going to bother with ya.

Actually I think the ruling is a bit liberating, encouraging fans to go beyond the movie or comic cars to build their own unique image of a “Bat Car”. Frankly, most movie and comic cars are big ugly monstrosities anyway, including the Sv.B thing. And with the advent of 3d printed parts its going to be a lot easier to get that unique image B-car done. I might even get back to doing mine.

Batmobile
Post #149142
« Prev Topic | Next Topic »

««123»»

Reading This Topic Expand / Collapse
Active Users: 0 (0 guests, 0 members, 0 anonymous members)
No members currently viewing this topic.

Permissions Expand / Collapse

All times are GMT -5:00, Time now is 1:02am


Execution: 0.875. 13 queries. Compression Disabled.

Batman (1989 Version)

CLTC Club Shirts




1989 Batmobile Kit 1989 Batmobile Kits
1989 Batmobile Builders Batmobile Kit
Batmobile Kits 1989 Batmobile Builder





Batman and all related characters and elements are trademarks of and DC Comics and WB.
Use of anything related to "Batman" on this site is not to infringe upon the copyrights of DC Comics or WB.
The purpose of chickslovethecar.com is to foster positive discussion about one of the greatest vehicles of all time.
This site does not sell or build any related cars or kits. © 2004-2012 chickslovethecar.com "Chicks Love The Car"
Images linked courtey of cltc.co.

You can contact us by clicking here.